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Attachment A, Technical Revision to the May Day Mine Permit, September 12, 2009. 5 of 19 <br />David B. Kirkpatrick, Esq. <br />1/30/2007 <br />Page 4 of 5 <br />Commissioner, Mathew. Schmitt(c_state. co us within 30 days of the end <br />of the month for which the accounting applies. Accounting and <br />reporting procedures are subject to approval and modification by the <br />Division Engineer. Accounting forms need to identify the WDID <br />number for each structure operating under this SWSP. NOTE: Weekly <br />accounting, even during the winter non-irrigation season, is required. <br />5. The Applicant shall follow the attached accounting form for the <br />operation of this SWSP. <br />6. The name, address, and phone number of the contact person who will <br />be responsible for the operation and accounting of this SWSP must be <br />provided with the accounting forms to the Division Engineer and Water <br />Commissioner. <br />7. All diversions shall be measured in a manner acceptable to the <br />Division Engineer. The Applicant shall install and maintain measuring <br />devices as required by the Division Engineer for operation of this <br />SWSP. NOTE: The applicant shall divert around the pond(s) when <br />there is a call on the river. <br />8. Replacement water shall be made available to cover all out-of-priority <br />depletions in time, place, and amount and shall be made available <br />under the direction and/or approval of the Water Commissioner. <br />9. This SWSP may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has occurred or will <br />occur as a result of the operation of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all use of water under this SWSP <br />must cease immediately. <br />10. The decision of the State Engineer shall have no precedential or <br />evidentiary force, shall not create any presumptions, shift the burden of <br />proof, or serve as a defense in the pending water court case or any <br />other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the State Engineer to act in a similar manner in <br />any other applications involving other SWSP or in any proposed <br />renewal of this SWSP, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. Any appeal of a <br />decision made by the State Engineer concerning a SWSP pursuant to <br />C. R.& §37-92-308(4) shall be to the Division 7 water judge within thirty <br />days of the date of this decision and shall be consolidated with the <br />application for approval of the plan for augmentation.